children-cute-drawing-159823April is Autism Awareness Month, the two month anniversary of the Marjory Stoneman Douglas High School shooting, and the 19th anniversary of Columbine.  Why talk about ASD and school shootings in the same sentence?  And why a divorce blog?  I will get to that.  But as a lawyer-mom, these two issues are at the forefront of my mind, and probably the minds of many parents and educators these days.  We should rest assured that our kids would know what to do during a lock-down because they have spontaneous drills throughout the year, right?  Ugh…what am I saying?  The fact that kids NEED lockdown drills is downright outrageous!  Nonetheless, I wondered what the younger kids are told and what happens during these drills.  Well, lucky me, when I recently volunteered in my son’s elementary school classroom, the school had a lock down drill.  And one word sums up the experience: chilling. Lockdown drills are very different from the fire and tornado drills we had as kids.  I’m sure everyone remembers the fire drills – exit the classroom quickly and get away from the building.  Or the tornado drills – go out to the hallways, away from the doors and windows, and cover your head with your hands.  Up until about 1999, THOSE were the drills Minnesotan kids experienced.  In fact, most the time, much to our teacher’s chagrin, we were laughing and joking around.  A lock down drill, however, has a very different vibe.  The kids must be EXTREMELY quiet.  They huddle into a specific area and are instructed to remain eerily still.  This had been a bustling class (and school) just moments before, but now it was so quiet, you could hear a pin drop.  This was a class of 30 second graders, so I was stunned at the deafening silence.  Just when I thought it was over (it seemed like forever, but was probably two minutes) someone rattled the door handle.  Forcefully.  Not a peep from the kids, but I jumped.  Luckily, they didn’t see me or they might have erupted into giggles.  We had to continue to remain quiet and motionless.  Interestingly, I don’t remember what happened next; that is, I don’t recall if there was a bell or another signal indicating the drill was over (I think I was sort of in shock).  The kids went about their business, working on their projects, like it was no big deal.  Only it was a big deal.  At least it was to me and the other adults in the room.  I just looked at the staff, wide-eyed, and shook my head. School lock downs are now a reality for school-aged children.  It makes my heart ache.  I asked my son that evening why they have lockdowns and he nonchalantly said it was in case anyone wants to break into the school.  That was it.  Simple enough.  But as we grown-ups know, there is nothing simple about this. My son is a “mover and a crasher,” so I was relieved he made it through the drill.  But I thought about the other high-needs/special-needs kids in his school.  For any child who has physical needs or doesn’t cognitively understand the drill, simply can’t be quiet and remain calm, needs to move, or overreacts when accidentally bumped or touched by a classmate, what would that child do in this drill?  Or, God forbid, in a REAL situation? With more and more kids being diagnosed with ASD, what protocols are in place for them?  Is there a special section in their IEP about drills?  There ought to be. This made me think about special-needs kids whose parents are going through a divorce.  The teachers are aware of kids’ needs (or should be).  So, too, should the divorce team.  A child’s symptoms often reemerge or worsen when they are stressed, which could happen during parental conflict and/or separation.  Child specialists can work with the parents and the child’s pediatrician and/or therapist to help create a parenting plan that is in the child’s best interests.  Like it or not, otherwise fit and loving parents need to work together for there children’s sake.  Fortunately, the Collaborative process can help parents really focus on their kids, by putting them in the center, rather than the middle, of the divorce process.  Every family situation is unique.  Every family and every child deserve a creative plan to help move them forward, restructure, and get to a new “normal.”  Drill and lockdown protocols included.
cookingYou may find cooking a daunting enough task as it is, but cooking for just one can be downright grueling, and can often lead to unhealthy eating. If you find yourself undereating, forgetting to eat, going through the drive thru, or just grabbing something quick because you don’t have the energy to cook for just yourself, you are not alone. These quick bites are often unhealthy or what should have been a snack size portion of {insert your guilty pleasure here} has suddenly became a 2,000 calorie “dinner.” Even if it’s not just you for dinner, but you and young kids with small appetites, sometimes it still feels too cumbersome to make a “real meal.” We encourage you to be the healthiest you that you can be, so here are our best tips for cooking for one.
  1. Don’t shy away from buying in bulk. Your freezer is your friend, so whether you are buying in 1 pound packages or 10, freeze in manageable portions. Learn what manageable means to you – do you want leftovers to take to work for lunch the next day, or do you only want to eat that meal once?
  2. Speaking of buying in bulk, those bulk bins at the grocery store can save you money by only purchasing what you actually will use. Walk the bulk isle and learn what your store has to offer there.
  3. Prep before you freeze. Make fajitas for tonight, but prep enough to freeze in portions for later. Do so by cutting and seasoning your meats and veggies, so that all you need to do later is defrost and throw in a skillet.
  4. Love lasagna? Probably not enough to eat it for a week strait. Lasagna and casseroles can be cooked and then frozen into individual portions. Convenient and much healthier than store bought frozen dinners, which are full of preservatives.
  5. Make meals that turn into something else – no magic wand required! Pork roast in the crock pot for Sunday night can easily become Monday’s pulled pork sandwich, and Tuesday’s shredded pork tacos, without any extra prep or much thought.
  6. The deli and meat counters allow you the freedom to purchase in as small of quantities as you need. Purchase fresh deli meat when it’s on sale, have them portion out in quarter pound packages right there, freeze, and then you can pull out only what you need to last you a day or two.
  7. Learn what freezes well. For instance, eggs can be frozen individually in ice cube trays and then once frozen dump into a freezer bag or container. While some produce freezes beautifully, some not so much.
  8. If you don’t like to turn on your oven for “just one person” consider purchasing a toaster oven, which can do all the work of a oven and a toaster, and can often still be stored away, in a cabinet.
Hopefully these tips help you to make healthy eating a priority even when you are just cooking for yourself. A little prep work goes a long way, and can help save you from getting lost in a carton of ice cream come dinner time! If you have a good tip for cooking for one, please let us know in the comments below!
flowerIn the early days of separation and divorce you may find the idea of growing from your divorce difficult to believe. You may be in a state of depression or denial wondering how your life will carry on, much less that you will grow from this life change. It may be difficult to find the silver lining, yet the simple truth is that you can (and will) grow from this. You may or may not have had much of a choice in whether or not you are getting a divorce, but you DO have a choice whether to grow up or grow down through this process. In a bad or difficult marriage it is easy to see how a person might grow from getting a divorce, but all divorces bring the opportunity for growth. Your divorce will likely change the way you view the world. Your life may be functioning completely different than before. Maybe you are having to look for a new career or add a part time job to make ends meet, or maybe you’ve been out of the workforce for years and your divorce is forcing you back in. Maybe you’ve had to move to an apartment or back in with your parents or a friend. Maybe your kids are at a new school as a result of your divorce. Maybe your entire social circle has now changed. It’s how you view these changes and react to your new normal, that promotes growth. Growth from your divorce can appear in a number of ways. Emotionally, spiritually, physically, etc. Even something as simple as learning a new skill that your spouse had always managed like trimming the shrubs, or online bill pay. Spiritually your faith might deepen or may struggle as you get through some trying times. Emotional growth may take a bit longer. There may be some dark and difficult days before you start to grow emotionally, but slowly it will happen. Your priorities will change and grow. If you have shared custody with your children you will likely start to value your time together all that much more. Some things that were priorities during your marriage may no longer hold a significance to you. Growth after divorce becomes a way to cope. Growth after divorce becomes a way to survive. Growth after divorce becomes empowerment. Growth after divorce becomes a new, better you.
150954514-african-american-businesswoman-looking-at-gettyimagesNearly every celebrity seems to have a divorce under their belt, but what about our local public figures – our children’s teachers, our mayors, city councilmen – how does the pubic feel about “those” public figures when they are facing divorce? About midway through the year I had noticed my daughter’s teacher’s name on Facebook (we have mutual friends) going from FIRST MARRIED to FIRST MARRIED MAIDEN, and I thought a divorce must be imminent. Admittedly my first thought was how a divorce might affect her teaching abilities for MY child. Selfish? Perhaps. Or are those type of reactions expected with public careers? Her private life is certainly none of my business, but is it easy to check your feelings at the door? Certainly not. The University of Minnesota is currently doing a study on the impact of divorce on a person’s career. Those results will be interesting to see, especially as there are careers can have a big impact on the public sector. Some may say that their divorce was the best thing that ever happened to their career. Perhaps work was a necessary distraction as their marriage crumbled at home. But on the other hand some people admit that they simply could not focus at work with their marriage on the rocks. Sometimes people can attribute their careers to actually being the CAUSE of their divorce. A husband that travels all week, a wife who tends bar on the weekends, a stay at home parent who never gets a break, and more often than not, simply the demands and stress of a person’s career can tear apart a marriage. Some careers are statistically at a higher risk for divorce, almost as if divorce is beyond their control. A few months later as school was coming to a close I noticed my daughter’s teachers name on social media is now: FIRST MAIDEN. Admittedly, my feelings changed from worrying about the affect her divorce would have on my own daughter to feeling horribly sympathetic towards her and her own children. As I leaned more I realized her husband holds a local political office and I began to wonder about the effects the divorce may have on his political career. It’s important to remember that everyone is human, divorce does not define a person, and even if you feel like your divorce is in the spotlight, remember that this too shall pass. Please share your thoughts about public divorces in the comment section below.
173298780-mid-adult-woman-toying-with-gold-wedding-gettyimagesHaving friends scattered throughout the country has shown me just how drastic divorce proceedings and turnarounds can be. My friend in Baltimore, Maryland, who was married for 5 years with no kids, had no battles over property division, and her divorce still took just over 2.5 years to complete, including a mandatory year of separation before filing (this law has since changed recently for those without children). A friend in Milwaukee, Wisconsin, her divorce with one child and a business involved, took just 6 months to the date. And my good friends (haha), Miranda Lambert and Blake Shelton’s Oklahoma divorce after four years of marriage complete with pre-nup and no kids, took just days from when they filed. Here in Minnesota the length of time to complete a divorce depends upon several things, including custody, parenting time, child support, and division of debts and property. It can take anywhere from about 6 weeks to a year and a half or more, depending upon whether the parties are cooperating, and depending upon the issues involved. The length of a divorce also largely depends on how the case is resolved. For example, divorcing collaboratively, where both party’s attorneys agree to settle without going to trial and the underlying threat of litigation, can significantly reduce the time it take to complete the divorce for several reasons, the biggest factor being avoiding months awaiting a divorce trial. Divorce is the time to practice patience, and to always prepare yourself for the divorce process to take longer than anticipated. Even in our instant gratification society where you can have Amazon deliver within the hour, your divorce could take months to years. No matter how long your divorce proceedings may take it is important to remember that divorce never really ends with a “victory” by either party. Both parties typically leave the marriage with substantially less material wealth than they started with prior to the divorce. Occasionally, you may hear about a spouse receiving a very large settlement or substantial alimony compensation. But more commonly, both spouses must compromise in order to reach an agreement. If there are any real “winners” in the process, it’s those who maintain positive relationships with an ex-spouse so that they are able to successfully co-parent their children.
492577072-christmas-gettyimagesThanksgiving, Christmas, and all of the holiday season seen through the eyes of a child is a magical time. After all, we hear that “it’s the most wonderful time of the year,” from a very young age. It’s as we age that we begin to realize just how hard the holidays are for so many people. The losses people have suffered, both throughout that year and during their lifetime, divorce, cancer and other major illness diagnoses in their family and friends lives, job losses, miscarriages, and so many defining moments that seem to come to a head during the six week winter holiday season. Holidays are centering moments in our lives, full of memories – the Thanksgiving where the turkey was inedible, the year the kids opened all of the Christmas presents before you and your ex woke up, Grandma Irene’s prized pumpkin pie – all memories that for better or for worse make the holidays an especially easy time to feel an absence. The absence of a loved one, a marriage, the family you once had, or maybe the family you imagined, you get the idea. Additionally, the stress of the holiday season is only made worse when you are grieving these losses. Something small may trigger your heartache like a Christmas card addressed to both you and your ex-spouse, or perhaps being the only singleton at the Thanksgiving dinner table. It’s all too easy to feel like we are all alone in holiday sadness, after all, look at all those smiling faces on the Christmas cards and on social media posts. It’s important to remember that those are just that – snapshots, and not reality. Behind many of those smiling faces also lie someone that is grieving in one way or another. It’s not easy to navigate the holiday season, but use gatherings of friends and family to serve as reminders that you are not alone. Allow for these occasions to provide an opportunity to take a break from the grief you are feeling from your divorce. It may offer you hope that holidays after divorce are bearable, and, maybe not today, but will one day even be enjoyable.
183341330-stressed-young-couple-relocation-gettyimagesA lot of confusion exists about the terms “separation” and “legal separation” under Minnesota law. While both refer to a change in marital status, they have distinct meanings, processes, and consequences. “Separation” means only that you are living in different residences. Minnesota law allows spouses to live separately while still married. Separation works best if the ongoing responsibilities for care of the children, financial support, and bill payment have been discussed and agreed upon. While separation does not involve a legal proceeding, there may be legal consequences to living apart. Therefore, it is a good idea to consult with an attorney before separating to better understand your options. “Legal separation” does require court involvement. In fact, in Minnesota a proceeding for legal separation is very similar to one for divorce. While the law does not require that divorcing couples live separately, parenting time, child support, and spousal maintenance must be addressed in the final court order. A legal separation can also include the division of assets and debts. The major difference between a legal separation and a divorce is that after becoming legally separated you and your spouse are still married to each other. Because the cost, timing and issues involved are similar to a divorce, it is much less common. Couples who do legally separate usually do so due to religious beliefs against divorce. Because a number of detailed legal documents must be drafted, signed, and filed with the court, a lawyer’s help is essential if you decide to seek a legal separation.    
People who are facing divorce after many years of marriage, or just later in life, face unique challenges. They are less connected by the need to provide daily care and financial support for their children. They also may be facing other life changes such as upcoming retirement or increasing health concerns (and costs!) as they age. Sometimes this has been called The Graying of Divorce. According to Mayoclinic.org, “Empty nest syndrome isn’t a clinical diagnosis. Instead, empty nest syndrome is a phenomenon in which parents experience feelings of sadness and loss when the last child leaves home.” It is a life transition where spouses can take a step back and look at how their lives are progressing. As part of this process of reflection, they may say to themselves: “I’ve put up with this long enough!” Alternatively, it might be a time when couples take advantage of having more time to explore new interests and activities to share together. A process that can be helpful to those considering divorce or separation is called Discernment Counseling. Discernment Counseling is different than regular couples counseling because–instead of just focusing on helping the marriage relationship–it focuses on deciding whether the marriage should be worked on or whether divorce or separation should be pursued. The University of Minnesota has a Discernment Counseling project has a helpful website that you may want to visit if you want to learn more about Discernment Counseling. If divorce is the path chosen, Collaborative Divorce is often a perfect option as it can help increase communication and mutual respect to the benefit of both spouses (and grown children!). A neutral financial professional can analyze retirement cash flow and budgets, including tax implications of withdrawing retirement funds. Empty Nest divorces have their own unique challenges. They also are an opportune time to be able to enter a process that the older divorcing couple can be proud of in creating a respectful transition to separate living and ending of their marriage.
Remember that old rhyme from childhood, “First comes love, then comes marriage, then comes a baby in a baby carriage”? Some things are just part of life and are simply inevitable. People will fall in love. People will join together in relationships. These are all positive, great things. Unfortunately, people—whether gay or straight—all have struggles in life and relationships. Inevitably, when Minnesota granted same-sex couples the right to marry, it was inevitable that same-sex divorces would happen, just as opposite-sex divorces happen. Gay couples who married before marriage was legal in Minnesota—whether they became married in another state or, because Minnesota borders with Canada, often in another country—may now face the need to obtain a divorce. If a gay couple separates and does not intend to share their lives together going forward, they should strongly consider finalizing their separation by obtaining a legal divorce in Minnesota. I have run into Minnesota gay couples who had no idea that they are now legally married. This viewpoint may be especially common for those couples who married in Canada years ago and then separated long before marriage was legal in Minnesota. For better or worse (pun intended), those couples continue to be married and need to divorce in order to clear up the division of their marital assets and debts. If they have children in common by adoption they need to determine their rights and responsibilities as to those children.  Even if there is a non-joint child, which is common in same-sex marriages, the “non-parent” may be able to establish legally enforceable rights to visitation because of their significant connection with that child. Again, this is even though they are not legally “their” child.  Because marriage creates an interest in real property (houses, etc.), the residence that the couple lived in or any other land and any mortgages (and any other debts) need to be addressed in the divorce. Before same-sex marriage was legal in Minnesota, it was difficult for same-sex couples to form legally enforceable rights and responsibilities related to a committed relationship. Perhaps that is why some same-sex couples have a hard time believing that they now must use the legal system to fully end their marriage relationship. By the way, I understand that Brangelina (Brad Pitt and Angelina Jolie, for those who don’t follow popular culture!) had declared they wouldn’t get married until same sex couples everywhere could get married…but apparently they couldn’t wait, because they were recently married. Well, my theory is that they had to wait until Minnesota made same-sex marriage legal (it just took a year to plan the wedding)! Without getting divorced, a gay couple may find out later, to their surprise, that one of the pair is making a claim to part of the other’s retirement account or is holding up the sale or transfer of property that was owned during the marriage, because simply living separately doesn’t resolve all these issues. I expect that many same-sex couples will be unpleasantly surprised later in life that when they hear that they have to share their retirement with a partner from long ago that they never intended to share their retirement account with. Or, an inheritance may be held up–or never received as expected by a son or daughter–because of a claim for all or a share of the estate of a deceased same-sex spouse. These are topics that are addressed well in the Collaborative Process because they can be approached from a perspective of respect and honoring of the love that the couple previously shared, while laying a foundation for future separate lives. Now that same-sex marriage is legal Minnesota, same-sex couples may likely find that the Collaborative Divorce process provides the proper legal, financial and other professional supports needed for disentangling the various legal rights and responsibilities incident to ending their legal marriage.
138041606Starting a divorce can be difficult, particularly if your spouse believes the marriage can be saved. How you have this discussion may make a major difference in your life, particularly if you have children. In my thirty years of working with divorcing clients, I have found that avoiding mistakes at the very beginning of the process is crucial to the future of your family. The most common mistake is moving ahead without being fully prepared. Here is a quick guide to the type of preparation that I believe will make the most difference.
  1. Make sure you clearly explore your reconciliation options. Before you start down the path toward divorce, make sure that you are doing the right thing. This is important for you, and your children and will help your spouse become more accepting of the divorce if that is what ultimately needs to happen. There are many new ways to explore the divorce decision, including discernment counseling which is designed to help you determine whether your marriage can be saved. To learn more, go to the Doherty Relationship Institute website
  2. Make sure you understand the various options for how to divorce. There are many different ways to move ahead with divorce, including Collaborative Divorce and meditation. There are many good professionals who will explain all of the options, without charge. To learn more, go to www.collaboratiavelaw.org. or www.divorcechoice.com.
  3. Once you have chosen a method of moving forward, carefully plan the way of telling your spouse about the divorce. If there is any danger of abuse, make sure you consult with experienced professionals to make sure that you are aware of the safest possible method. If there is no danger of physical abuse, but have significant concerns about possible verbal abuse, make sure that you are in a public place so that you can leave if things get uncomfortable. If possible, consider having a counselor, clergy member or mutually trusted friend or family member present during this important discussion.
  4. Focus on the “Big Picture” and your long term goals.  Sometimes divorce can create a “crisis mentality” that can cause people to lose perspective on what really matters. Focusing only on the issues that feel urgent can displace the need to focus on what is truly important  such as the well-being of your children or your general health.